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A streetwear brand whose name sounds like a form of the F-word can get federal trademark protection as a result of a Supreme Court ruling on Monday.
The court struck down a century-old provision of federal law that bans registration of proposed trademarks that are “scandalous” or “immoral.” Applying that rule, the government denied a trademark for the name “FUCT,” concluding that it was phonetically equivalent to the past tense or past participle of the well-known vulgarity.
“The clothing line,” explained Justice Elena Kagan for the court’s 6-3 majority, “is pronounced as four letters, one after the other: F-U-C-T. But you might read it differently and, if so, you would hardly be alone.”
Nonetheless, she said, the trademark law’s restriction violates the First Amendment because “it disfavors certain ideas.”
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Erik Brunetti, Los Angeles artist and streetwear designer of the clothing brand FUCT.Patrick T. Fallon / Reuters
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